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Re: breaking a lease

Posted by Dion Eusepi on May 20, 1996 at 05:23:39:

In Reply to: Re: breaking a lease posted by TenantNet on May 16, 1996 at 15:04:39:

: : I live in Athens,GA. Most rental property is
: student apartments and the leases typically
: specify that a renter cannot terminate the lease
: for any reason short of death. Anyway I found a
: house and moved, I have thus far paid one months
: rent. I have two months remaining on my lease.
: The landord said that she would rent the apt out
: because I, according to lease, cannot sublet.
: The landlord has made no effort to rent the unit
: choosing instead to do a complete and substantial
: remodel. Is there anyway to get out of this?

: Thanks for being the first to try our test
: discussion area. I'm hoping other tenants will
: see your message and chime in with their 2 cents.
: -- if for no other reason so we don't have to respond to every
: question :) Plus others may know some peculiarities
: of the law in your area.

: You can generally terminate a lease for a variety
: of reasons -- but it can depend on your lease and also state/city
: law and local court practice. Some lease provisions might be "unenforceable."
: For example, if the landlord breached the lease, that might possibly
: give you right to terminate the lease no matter what the landlord thinks.
: You might also have the right to sublet -- check your local law.
: In general a tenant is responsible for the value of the rent
: for the entire term of the lease. But there are exceptions. If the owner
: were to take you to court seeking the rent for the remainder of the lease term,
: the owner would then be forced to plead damages, i.e., loss of rent.
: If the owner has gone ahead and re-rented the place, there is no loss of
: rent. If you have brought a replacement tenant to the owner and he/she
: refuses to rent the place to the new tenant, then the owner has
: "failed to mitigate his/her damages". This last requirement is often
: dependent on local court practice and also depennds on what you do
: and also on what the owner does. Did the ownner place ads in the paper seeking
: a new tenant but was not able to get one? In this case you indicate the
: owner has voluntarily foregone the ability to rerent the place and instead opted
: for using the time to remodel. Of course nonne of this matters unless you are
: dragged into court. I would speak to a local tenant attorney and keep tabs on
: everything the owner does (or does not do).

I'm attempting to break a lease in conjunction with a job offer in another state
the landlord is ateempting retrieve a discount in intial rent that is stated in the lease as
"first months rent" can the discount legally be retreived if not defined in the lease
as such?

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